Grant v. New York State Office, Mental Health

Full title: LEONARD GRANT et al., Respondents and CIVIL SERVICE EMPLOYEES ASSOCIATION…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1998

247 A.D.2d 510 (N.Y. App. Div. 1998)

668 N.Y.S.2d 912

Opinion

February 17, 1998

Appeal from the Supreme Court, Kings County (Belen, J.).

Ordered that the order and judgment is affirmed, with one bill of costs.

The Supreme Court properly granted the plaintiffs' motion for a preliminary injunction. "Mental Hygiene Law § 7.17 (e) does not prohibit injunctive relief when the notice provisions of Mental Hygiene Law § 7.17 (e) (3) have been violated" ( Shea v. New York State Off. of Mental Health, 233 A.D.2d 925; see also, Civil Serv. Empls. Assn. v. New York State Off. of Mental Health, 245 A.D.2d 836; Civil Serv. Empls. Assn. v. New York State Off. of Mental Health, 244 A.D.2d 206). Furthermore, the plaintiffs otherwise established their entitlement to such relief ( see, CPLR 6301).

The defendants' remaining contentions are without merit.

O'Brien, J. P., Ritter, Thompson and Joy, JJ., concur.